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  1. #1
    Join Date
    May 2014
    Posts
    1

    Default Recovering Money or Property After a Borrower Doesn't Pay

    My question involves small claims court in the state of: Washington State

    Hello members,

    I'm new to this forum and I hope you all can help me with my case. I will summarize my case as detail as possible. I really appreciate all feedback. Thank you all in advance.

    So about three years back, a guy I knew from a close friend of mine needed parts value at $4000 to get his vehicle back on the road but had no money to pay me. Instead, he give me a sign title with a bill of sell to his other car for about the same value as my parts as collateral in case he was not able to pay me back in three months. After three months passed, He stated that the vehicle was mine and that I can go pick it up. When I got to the house the car was gone. He had moved out of the area and changed his phone number. The only evidence I have is a sign piece of paper stating he sold me the car for $100 and the title now in my hand. I immediately went to file a small claims case but since the only address I had was his parents who lives in another state, he could not be served papers and it was not in jurisdiction.

    After a few month passed, I got his new number from a friend and we exchanged text messages that seem promising. He said he would start paying me $800 every two weeks. I told him that would work except on the date promised he refused to pay and changed his number again. Now I finally got his new address and work place from a close friend and I'm not sure if its even worth taking to small claims again because I didn't get any justice from my last attempt.

    Please tell me what I should do now because the car is gone and so are my parts. Some people tell me that I would only get $100 back because my only evidence is the bill of of sale and others say that now its not about the value owe, now it's for stolen property which is the value of the car.

    Please give me some advice. Thank you all in advance.

  2. #2

    Default Re: How to Sue for Stolen Property

    Let's say for the sake of argument that your case was heard by the court today, and you won. Now comes the IMPORTANT part: do you have the information, will, and means to PURSUE him to COLLECT on the court's judgment, and does he have any INTENTION of paying your OR does he have assets that you can pursue? WINNING a court judgment is the easy part. Actually GETTING any money is a totally different matter, and one that often requires YOU to either do a LOT of work to attempt to GET the money or to do a lot of waiting if you end up having to do things like put leins on property. (In other words, if the guy doesn't HAVE the money to give you, the win does you no good. If he's got assets, like a home, you can attempt to put a lein on it, but won't see a penny until some day in the future when he sells that home.)

    Just out of curiousity, did you file a police report about the theft? (He sold you a vehicle, then hid the vehicle from you.)

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: How to Sue for Stolen Property

    Quote Quoting Xyooj509
    View Post
    My question involves small claims court in the state of: Washington State

    Hello members,

    I'm new to this forum and I hope you all can help me with my case. I will summarize my case as detail as possible. I really appreciate all feedback. Thank you all in advance.

    So about three years back, a guy I knew from a close friend of mine needed parts value at $4000 to get his vehicle back on the road but had no money to pay me. Instead, he give me a sign title with a bill of sell to his other car for about the same value as my parts as collateral in case he was not able to pay me back in three months. After three months passed, He stated that the vehicle was mine and that I can go pick it up. When I got to the house the car was gone. He had moved out of the area and changed his phone number. The only evidence I have is a sign piece of paper stating he sold me the car for $100 and the title now in my hand. I immediately went to file a small claims case but since the only address I had was his parents who lives in another state, he could not be served papers and it was not in jurisdiction.

    After a few month passed, I got his new number from a friend and we exchanged text messages that seem promising. He said he would start paying me $800 every two weeks. I told him that would work except on the date promised he refused to pay and changed his number again. Now I finally got his new address and work place from a close friend and I'm not sure if its even worth taking to small claims again because I didn't get any justice from my last attempt.

    Please tell me what I should do now because the car is gone and so are my parts. Some people tell me that I would only get $100 back because my only evidence is the bill of of sale and others say that now its not about the value owe, now it's for stolen property which is the value of the car.

    Please give me some advice. Thank you all in advance.

    Was the original case dismissed with or without prejudice?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Recovering Money or Property After a Borrower Doesn't Pay

    Quote Quoting Xyooj509
    View Post
    So about three years back, a guy I knew from a close friend of mine needed parts value at $4000 to get his vehicle back on the road but had no money to pay me. Instead, he give me a sign title with a bill of sell to his other car for about the same value as my parts as collateral in case he was not able to pay me back in three months. After three months passed, He stated that the vehicle was mine and that I can go pick it up. When I got to the house the car was gone.
    All of this happened three years ago, and you never found out what happened with the car?
    Quote Quoting Xyooj509
    The only evidence I have is a sign piece of paper stating he sold me the car for $100 and the title now in my hand.
    You just told us that the bill of sale reflected the sale of the car for "about the same value as my parts". You now tell us that the bill of sale is for $100. How do you intend to establish that the parts are worth more than $100? How would you hope to establish that the car was worth more than $100?
    Quote Quoting Xyooj509
    I immediately went to file a small claims case but since the only address I had was his parents who lives in another state, he could not be served papers and it was not in jurisdiction.
    This is also three years ago? Was the dismissal in fact "without prejudice" (meaning the case can be refiled)?
    Quote Quoting Xyooj509
    After a few month passed, I got his new number from a friend and we exchanged text messages that seem promising. He said he would start paying me $800 every two weeks.
    This is... two years ago? Do you still have any record of those text messages?
    Quote Quoting Xyooj509
    Now I finally got his new address and work place from a close friend and I'm not sure if its even worth taking to small claims again because I didn't get any justice from my last attempt.
    You would want to sue in the proper jurisdiction, and effect service on the defendant.

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